MURUGAIYAN ALIAS SUBRAMANIAN Vs. DHANASEKARAN

JUDGEMENT

(1.) THE Appellants/Defendants have filed the present Second Appeal as against the Judgment and Decree dated 09.02.1996 in A.S.No.138 of 1994 passed by the Learned Principal District Judge, Pondicherry. THE Plaint averments of the Respondent/Plaintiff:-

(2.) THE Respondent/Plaintiff is the absolute owner of the Plaint schedule immovable property by means of his purchase through Registered Sale Deed dated 29.09.1989. He is in continuous, uninterrupted possession and enjoyment of the same. He has been paying the taxes on the property and his name finds a place in the revenue records and also in panchayat register for tax purposes.

(3.) LATER, on 23.08.1993 the Appellants/Defendants brought about 20 rowdies and hooligans from outside the village and attempted to enter into the property forcibly and violently. Since the Respondent/ Plaintiff initially has been disabled due to the strength of the mob, he sent word to the police. But they have not taken care to either to see or enquire into the incident, but has gone out of the way to help the Appellants/Defendants. In the meanwhile, the Respondent /Plaintiff's friends and family members gathered in sizeable members and they have resisted the second attempt to dispossession made by the Appellants/Defendants. Since the Appellants/Defendants are sure to dispossess the Respondent/Plaintiff instantly at their next attempt, he will not be in a position to save himself and the possession of his property. Therefore, he has filed the present suit for permanent injunction restraining the Appellants/ Defendants, their agents, men or whomsoever claiming through them from interfering with his peaceful possession and enjoyment of the suit property. The Written Statement Plea of the 4th Appellant/4th Defendant (adopted by other Appellants):-